Jon Austin v The Information Commissioner

The Tribunal found that Annexes B and C are integral to the report as a whole and contain information both supplied by and relating to one or more named security bodies under section 23(3) FOIA. The connection is not remote, and it is not possible to separate out non-exempt information. Therefore, the exemption applies to the entirety of the requested information, and the appeal is dismissed.

Parties: Appellant: Jon Austin; Respondent: Information Commissioner
Jurisdiction: England and Wales
Judgment Date: 11 October 2024
Procedural Posture: Information Rights Appeal / Final Judgment on Written Submissions
Outcome: appeal dismissed
Legal Topics: Freedom of Information, Statutory Exemptions, National Security, Public Disclosure

Information Law Administrative Law Freedom of Information Statutory Exemptions National Security Public Disclosure

Case Brief

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Parties

Jon Austin

Appellant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Final Judgment on Written Submissions

Legal Issues

1 Whether Annexes B and C of the Independent Review of Serious and Organised Crime are exempt from disclosure under section 23(1) of the Freedom of Information Act 2000 (FOIA)
2 Whether the Information Commissioner correctly upheld the Home Office's reliance on section 23(1) FOIA

Ratio Decidendi

Court Disposition

appeal dismissed